Protecting a Brand in the Age of Twitter, Facebook and Pinterest
Upcoming SlideShare
Loading in...5
×
 

Protecting a Brand in the Age of Twitter, Facebook and Pinterest

on

  • 1,812 views

 

Statistics

Views

Total Views
1,812
Views on SlideShare
1,776
Embed Views
36

Actions

Likes
0
Downloads
4
Comments
1

4 Embeds 36

http://kred.com 20
http://www.kred.com 8
http://www.linkedin.com 7
https://www.linkedin.com 1

Accessibility

Categories

Upload Details

Uploaded via

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

Protecting a Brand in the Age of Twitter, Facebook and Pinterest Protecting a Brand in the Age of Twitter, Facebook and Pinterest Presentation Transcript

  • Protecting a Brand in the Age of Twitter Facebook and P , interest Kenneth D. Suzan Barnes & Thornburg LLP January 8, 2013 Lifetime Athletic Club - Business Round TableATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Online Social Networking Defined ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC © 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Understanding the Tools • Hot Issue in the Law and in the Public • Major Legal Issues from Employment, Defamation, Intellectual Property, Privacy, Advertising Law, Criminal Law, and E-commerce ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC © 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Powerful Networks:A Snapshot of Social Media Statistics in 2013 Facebook – Platform hosts 1 billion users – Half of Facebook users log into their accounts daily – More than half of Facebook users access Facebook through a mobile device – Over 300 million photographs are uploaded to Facebook each day – Facebook users log an average of 3.2 billion "Likes" and comments on the network daily – The "average" user is connected with 130 friends via Facebook – "If Facebook were a country it would be the world’s 3rd largest and 2 times the size of the U.S. population" – 61% of Fortune 100 companies maintain a Facebook account (statistic expected to rise in 2013) ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Powerful Networks:A Snapshot of Social Media Statistics in 2013 Twitter – Launched July 2006 – Over 500 million active users – Over 340 million tweets daily – 1.6 billion search inquiries logged through Twitter daily – Ranks within the top 10 of Internet sites visited daily – Over 460,000 new Twitter accounts opened daily – 53% of Twitter users recommend products in their tweets – 77% of Fortune 100 companies maintain Twitter accounts (statistic expected to rise in 2013) ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Powerful Networks:A Snapshot of Social Media Statistics in 2012 Pinterest – Launched in 2010 – More than 20 million registered users – 3rd largest social network in the United States – Approximately 80% of Pinterest users are female – Whole Foods Market has over 81,000 followers – Average user spends 15.8 minutes pinning and reviewing pins on Pinterest – Largest user demographic: 25-34 years old ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Twitter: Be Followed• Help others with problems• Share photographs• Share industry news, developments, and trends• Share links to other content on the Web• Links to articles by company employees• Get referrals• Give referrals• Ask Questions and Answer Questions ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Twitter: Be Followed• Research your brand on Twitter – What are the “brand conversations”• Respond to tweets that mention your company and your brand• Reference Twitter account on Corporate Web Site (use electronic badges)• Reference Twitter account on advertising and promotional literature• Tweet at varied times of the day – Twitter is Global ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Twitter: Be Followed• Feature Twitter at Trade Show Appearances – Live Tweets at Show• Post discounts, coupons and offers on Twitter – Link back to corporate Web site• Employ various types of tweets (Retweet, Replies, Original Content, and Links to Other Content) ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Social Media Strategies:Best Practices• Budget Resources and Budget Time• Investment is in current customers, future customers and becoming a leader in your field• Social media should not be ignored – stay ahead of the curve• Regularly search brand on Facebook, Twitter, and YouTube – Listen and Communicate with Your Audience ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Social Media Strategies:Best Practices• Think Social Media for Customer Service• Monitor Competitor Use of Social Media – What are they doing and what is their success?• Social Media is a permanent record that can be searched• Library of Congress is cataloging Tweets• Google Saves Tweets – A “Brand Record” ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Social Media Strategy:Best Practices• Think International – Tweet at various times of day and night• Use software which enables stored tweets to be sent during the night• Engage in “brand conversations” with your customers and potential customers• Be sensitive to negative press and publicity on social media channels ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Social Media Strategy:Best Practices• Employ Keywords and Hashtags on Twitter (#brand name) (#company name)• Establish a schedule for posting new content and material• Offer discounts, rewards and incentives• Provide Links to Official Web Site to attract people to additional content and materials ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Avoid Legal Traps Unauthorized use of Brand Names as Social Networking Names (e.g.. Mr. Kodak), Logos, Brands, and Taglines Clients need to establish official page and monitor for unauthorized infringing pages on social networking sites Remember to register ITU or Use-Based TM Applications; Before Launching Social Networking Site Take Careful Review of All Marks ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Trademark Issues on Social Media Platforms• Infringing User Names• Infringing Sub-domain names• Infringing Avatars (graphics)• Postings to Advertise Infringing Merchandise• Postings to Advertise Counterfeit Merchandise• Dilution issues — tarnishment and blurring• Rapid posting and dissemination of cease and desist letters to general public (potential harm to brand) ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Steering Clear of Legal Traps Trademarks ® – Likelihood of confusion and Section 43(a) of the Lanham Act “Endorsement, sponsorship, affiliation” Monitor Internet for “Brandjacking” – new type of fraud; a/k/a false profile for a brand ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC © 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • What About Copyright?1. “Tweets” on Twitter can be considered copyrightable expression and subject to protection2. Companies need to carefully watch for copyright violations and regularly send demand letters ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • What About Copyright?1. Users may infringe copyrights through their selective copying of “wallpaper” and other backgrounds2. Clients should consider filing copyright applications for photographs, illustrations, and other materials before using them in social networking environments ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Who Owns the Copyright in the Posted Materials?1. Generally, the “author” of the material owns the copyright and is entitled to register the matter2. If companies hire a “social media blogger”, the work-for-hire doctrine will likely apply, and the company will own the “tweets” or “postings” to particular sites.3. “Compilations” may also be applicable ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Digital Millennium Copyright Act• Notice and Takedown procedures of DMCA• Remember to check for copyright agent via (www.copyright.gov) and draft a DMCA compliant letter – must be addressed to agent of record, identify materials infringed, location of materials, good faith belief that material is not legal, statement under penalty of perjury that attorney is authorized to act on behalf of copyright owner ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC © 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Digital Millennium Copyright Act• Find and Write to the Registered Agent• See: http://www.copyright.gov/onlinesp/list/a_agents.html ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC © 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • IP Strategies: BE PROACTIVE• Always consider intent-to-use trademark and service mark applications• Consider reserving company trademarks and various permutations on major online social networking sites - Establish an official presence• Post links to the Official Company Web site on sites such as Twitter – Drive Traffic to Your Web site ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • IP Strategies: BE PROACTIVE• Marketing departments need to actively post newsworthy items to the official Twitter page• An employee or marketing official should regularly review social networking sites for inappropriate use of brand• Companies need to establish and put into place online social networking policies• DMCA Compliance – Establish Official Agent of Record with United States Copyright Office• Respond efficiently to customer complaints lodged through social networking sites ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Taming the Stream: Keeping Tabs on Growing Social Media Networks and Infringement IssuesIt is critically important to monitor social media networks.• Brands need to set up monitoring programs• Internal monitoring vs. Outsourced monitoring• Consider cost• Assign employees to monitor major social media networks• Develop enforcement programs and make sure to follow the programs• Keep on top of developing social media platforms for brand presence and monitoring activities ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC © 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Taming the Stream: Keeping Tabs on GrowingSocial Media Networks and Infringement Issues • Use free search engines to monitor social media for IP infringement • Icerocket.com (Excellent for Twitter and blog searches) • Topsy.com (Excellent for Twitter searches) • Netvibes.com (Dashboard for monitoring social media content) • Technorati.com (Use for blog searches) • Set up alerts on Google.com/alerts ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Taming the Stream: Keeping Tabs on GrowingSocial Media Networks and Infringement Issues• Ebeagle.com• Markmonitor.com• Thomsonreuters.com ("Web Watch Service")• Corsearch.com• Attensity.com• Attentio.com• Cision.com• Radian6.com• Sipi-ip.com• Vaudra.com ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.
  • Thank YouKenneth D. SuzanMinneapolis OfficeFollow Me on Twitter at @ksuzanE-mail: ksuzan@btlaw.com ATLANTA CHICAGO DELAWARE INDIANA LOS ANGELES MICHIGAN MINNEAPOLIS OHIO WASHINGTON, DC© 2012 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information onthis page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP.